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Organisation and Functioning

REGULATION

ofThe Supreme Court of Justice

(The Organisation and Functioning Regulation ofThe Supreme Court of Justice was published in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 257 of 2 November 1993.

On the grounds of Art. 67 of the Law No. 56/1993 ofThe Supreme Court of Justice, the joint Divisions ofThe Supreme Court of Justice adopted the present Organisation and Functioning Regulation of the Court, republished in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 10 of 18 January 1999.)

CHAPTER I

General Provisions

Art. 1.-The Supreme Court of Justice, hereinafter called the Court shall be organised and shall function on the basis of Art. 125-129 in the Constitution of Romania, of the Law No. 56/1993, with the subsequent modifications, and of the present Regulation.

Art. 2.- By this Regulation, rules shall be established with regard to the organisation and functioning of the Court, within the limits and the observance of the Law No. 56/1993 and of other legal provisions.

Art. 3.The activity of the Court shall be organised and shall proceed within:

a) the joint Divisions, the Panel of 9 judges, and in the 4 divisions - civil, penal, commercial and administrative actions -, each having its own competence;

b) the body of assistant-magistrates;

c) the Studies, Documentation, Informatics, Economic and Administrative Department;

d) the Chancery of the Court;

e) the Bureau for foreign relations.

Art. 4.- The Court shall be staffed with a president, a vice-president, 4 division presidents, judges, other specialised, supporting and administrative personnel, provided in the organisation chart.

CHAPTER II

Management of the Court

Art. 5.- The administrative management of the Court shall be exercised by the president of the Court, assisted by the vice-president.

Art. 6. -The president of the Court shall have the following attributions:

a) to represent the Court in its relations with the other public authorities and organisations in the country, as well as in international relations;

b) to submit for debate to the joint Divisions the matters to be solved and the necessary measures to be taken for the proper performance of the Court's activity;

c) to approve the organisation chart;

d) to submit to the Minister of justice the list comprising the persons recommended to be appointed as judges of the Court;

e) to appoint, promote, suspend and dispose the removal from office of the assistant-magistrates and the other personnel, except for the body of judges;

f) to control and guide the activity of the division and of the operative apparatus of the Court and to approve the deputing of competences; to exercise directly any of the competences of the division presidents according to the present Regulation;

g) to grant the degrees, ranks, gradations, management allowances, salaries of merit, bonuses and other rights, according to the law;

h) to approve the proposals of distribution and redistribution of the judges, assistant-magistrates, and of the other categories of personnel to the divisions and other compartments of the Court;

i) to manage directly the activity of the joint Divisions, to fix the terms of judgment and to instruct the carrying out of the necessary proceedings in the cases of their competence, to preside over the sittings and follow up the finalisation of the procedural documents, according to the law;

j) to programme, together with the division presidents, the judges in each division for ensuring the activity of the panels of judges during the judicial recess;

k) to establish, directly or on the proposal of the division president, the assistant-magistrate who shall draw up, according to the law, the report on the case whose judgment in appeal is in the competence of the Court;

l) to authorise the penal or contraventional prosecution or instituting proceedings against the assistant-magistrates;

m) to designate the judges of the Panel of 9 judges in disciplinary matters, as provided by the Law No. 92/1992 on judicial organisation and by the Law No. 56/1993 ofThe Supreme Court of Justice;

n) to preside over the Supreme Council of the Magistrature acting as a disciplinary council;

o) to designate the judges of the Court who shall participate in the commission for the capacity exam of magistrates, according to the Law No. 92/1992;

p) to designate, by drawing lots, the judges forming the Central Electoral Bureau, according to the Law No. 68/1992;

r) to designate the judges, the substitutes and the secretary of the special commission of control of the fortunes of the dignitaries and of other persons, according to Art. 21 of the Law No. 115/1996;

s) to approve the Norms on protocol expenses, the rights and obligations of the personnel sent in the country or abroad with temporary missions;

t) to establish the work places and the categories of personnel working in hard conditions, as well as the employees who carry out activities beyond the normal working programme; to approve the increase from which they would benefit according to the law;

u) to solve the disputes in connection with the establishing of the allowances, salaries, degrees, ranks, gradations and other rights;

v) is the main official authorised to make payments;

x) to establish the necessary number of cars for the Court and the way they should be used;

y) to establish the necessary police personnel required for maintaining order in the proceeding rooms and in the spaces of access for the public;

z) to take any other measure that was not given by law in the competence of another person.

The dispositions of the president shall be given by order.

Art. 7.- The vice-president of the Court shall have the following competences;

a) to exercise the competences of the president whenever he is absent or on the basis of a disposition;

b) to exercise the disciplinary action under the terms of the law and of the present Regulation;

c) to guide and supervise the activity of proposals regarding the legislation, the studies and documentation, and the publishing of the judicial practice of the Court;

d) to guide and supervise the activity of the studies, documentation and informatics compartment;

e) to organise, control and coordinate the professional study, knowledge of normative documents, the debate of legal matters, the summing up of the decisions of the divisions, their carding, the preparation of periodical publications regarding the jurisprudence of the Court, etc.;

f) to approve the cards containing the attributions of each position;

g) to directly manage the Court's Chancery and the economic-financial and administrative compartment;

h) to select the applications and submit to the president of the Court the taking in of the personnel, except for the positions of judge;

i) to approve the proposals for the annual paid holidays; to approve the paid holidays for the Court's personnel to be taken during other periods than that of the judicial recess;

j) to control the activity of the annual assessment of the assistant-magistrates and of the rest of the personnel;

k) to approve the completion of the retirement files;

l) to control and guide the activities in connection with the guarding of the premises and of the goods of the Court, the defence against fires, labour protection, civilian protection, defence against disasters, with military matters, etc.;

m) to control and guide the archive activity according to the law.

CHAPTER III

Joint Divisions

Art. 8. -The joint Divisions of the Court shall have the judgment competence, as stipulated by law, as well as the following attributions;

a) to settle, according to the law, the notifications regarding the change in the Court's jurisprudence;

b) to notify, whenever they deem necessary, the Constitutional Court for the control of the constitutionality of a law, before its promulgation;

c) to designate, by secret ballot, the judges of the Court who shall run, according to the law, for the election as members of the Superior Council of the Magistrature;

d) to complete and modify the present Regulation;

e) to debate the problems put up for discussion by the president of the Court and take, or propose, as the case may by, any necessary measures for the proper development of the Court's activity;

f) to approve the budget of the Court;

g) to approve the regulation regarding the taking of paid holidays and of other leaves;

h) to establish the cases in which, annually, proposals of improving the legislation are being submitted to the Minister of justice;

i) to select the judges who form the disciplinary commission of the assistant-magistrates.

The joint Divisions shall carry out their attributions with the vote of the majority of the judges present, for the judgment activity, the quorum being, according to the law, of minimum three quarters of the number of the appointed judges.

The decisions for the settlement of the appeals declared in the interest of the law shall be collective acts of the entire Court, and not of one part of the number ofmembers it consists of. That is why, the judges who have different opinions shall join the majority decision.

The sittings of the joint Divisions shall be scheduled or convened by the Court's president on his own initiative, at the request of at least a quarter of the number of judges in office or at the request of one of the divisions. The convening shall be done by announcing the agenda, which shall be adopted at the beginning of the sitting.

The assistant-magistrates and other employees of the Court, as well as persons from outside the institution may be invited at the sittings of the joint Divisions, others than the judgment sittings.

CHAPTER IV

Divisions of the Court

Art. 9. -The divisions of the Court shall be staffed with judges, assistant-magistrates, clerks of the court, secretary-clerks of the court, and ushers, distributed by the president of the Court.

Art. 10.- Each division shall be headed by a president, having the following attributions:

a) to organise, control and guide the activity of the division within the limits stipulated by the law and the present Regulation, taking also into account the dispositions of the Court's president or, as the case may be, of the vice-president;

b) to establish the duties of the personnel within the division, according to the card for each position, to carry out, according to the needs of the division, the redistribution of the personnel on the working places and their attributions;

c) to set the terms of judgment in the cases which are in the competence of the division, by ensuring a balanced distribution of the files per judges, and to order the summoning of the parties, the communication of the appeals, as well as the carrying out of any other proceedings, according to the law;

d) to establish the judges forming the panels and to schedule their sittings;

e) to refer to the president of the Court the more special cases with appeals in the division's competence, in which, according to the law, reports are drawn up by the judges or the assistant-magistrates;

f) to preside over the panel of judges, whenever he participates in the judgment activity,

g) to solve the correspondence addressed to the division;

h) to convene the judges of the division and put up for their debate the jurisprudence of the Court, and other matters of general interest, with a view to taking measures for the carrying out of an adequate activity. The assistant-magistrates from the division, as well as guests from other compartments of the Court may participate in the debates. Measures shall be adopted by the vote of the majority of the judges present, including the president, while the assistant-magistrates shall have only an advisory vote;

i) to approve the participation programme of the assistant-magistrates in the judgment sittings;

j) to inform the president of the Court on the events and the aspects in the activity of the division, with a view to knowing them and, whenever the case, to taking the measures stipulated by the law and the present Regulation;

k) to carry out any measure ordered by the joint Divisions, by the president and the vice-president of the Court, according to the law and the present Regulation.

Art. 11.- At the notification of the panels of judges, the judges of the divisions shall debate each case regarding the change in the jurisprudence and shall decide, with a majority vote, the notification of the joint Divisions so that these should decide according to Art. 25 letter c) of the Law No. 56/1993. The assistant-magistrates, with an advisory vote, and persons from other compartments of the Court, without the right to vote, may take part in the debates.

The judgment shall continue after the joint Divisions delivered a decision on the respective notification.

Art. 12.-At the end of each year, the judges of the divisions shall debate the cases calling for an improvement of the legislation, and the proposals shall be referred to the joint Divisions in order for them to decide on the notification of the Minister of justice, in accordance with Art. 56 of the Law No. 56/1993.

CHAPTER V

The Panel of 9 judges

Art. 13.Besides the panels of judges of the Court's divisions, shall function a panel made of 9 judges, having the judgment competence stipulated by law.

The Panel of 9 judges shall be made out of the ranks of the judges of the Court's divisions, being designated for each sitting by the president of the Court, by mutual agreement with the presidents of the divisions they belong to.

The sittings shall be presided over by the vice-president of the Court, by a division president, or by a judge designated for this purpose.

The chief assistant-magistrate of a division or another assistant-magistrate especially designated shall take part in these sittings.

CHAPTER VI

Judges of the Court

Art. 14.- The judges of the Court shall solve the matters within the established term, shall keep the secret of deliberation and shall fulfil all the duties assigned to them in their capacity of magistrates. They shall be obliged to abstain from any acts or deeds of a nature to compromise their dignity in their position and in society.

The participation in the judgment activity shall take place in accordance with the schedule.

In the judgment sittings of the Panel of 9 judges and of the divisions, the judges shall wear the black coloured robe, while in the joint Divisions' sittings, the mauve coloured robe.

Art. 15.- The abstention of judges from the judgment activity shall be admitted only in the cases provided by law.

Art. 16.- In the cases in which the division president is not a part of panel of judges, the judges shall preside over the sittings by turns.

Art. 17.- In the judgment activity, the judges shall abide by the law and the present Regulation with regard to the preparation of the sittings, drawing up of the reports, deliberation, delivery and drafting of judgments, as well as to the performing of the other contiguous activities.

Art. 18. -Besides the judgment activity, the judges shall accomplish any other duties established by the joint Divisions, the president and the vice-president of the Court, as well as by the division presidents, as the case may be, in keeping with the law and the present Regulation.

Art. 19.- The president of the panel of judges shall have the following attributions:

a) before the judgment sittings, to follow up the drawing up by the designated judge or assistant-magistrate of the report in the cases provided by law and to take measures, personally or through the assistant-magistrate, for the implementation by the archive and the Clerk's Office, of all the paperworks required for the proper proceeding of the judgment sitting;

b) during the debates:

to ensure the order and solemnity of the debates, ordering, whenever the case, the removal from the debate room of those who cause disorder, if need be, with the help of police, as well as the interdiction or limitation of the use of sound and image recording apparatus, when he considers that this hinders the normal development of the debates, or when they would be of a nature to trespass the right of the persons involved or to prevent the impartial settlement of the cases;

to ensure the secret of deliberation, to record the settlements in the minutes and in the book of the sitting, as well as the pronouncement in public sitting at the time established in advance, being forbidden the transmission, under any form, of the result of the deliberation prior to the pronouncement;

c) after the pronouncement of the judgments, to distribute to the judges and the assistant-magistrates for drawing up the judgments delivered, and to follow up that these be motivated in good terms and in the prescribed time, as required by law; simultaneously with the pronouncement of the settlements, by mutual agreement with the other magistrates, to establish the main grounds of the decisions adopted;

to note briefly in a common record of a division the more important settlements or of principle and the grounds for them, in order to be known by all the members of the division, for the purpose of ensuring a unitary practice in the same matter of law;

to inform the division president on the more important aspects in the judgment activity, for the purpose of taking the measures provided by law and the present Regulation.

CHAPTER VII

Assistant-Magistrates

Art. 20. -Within the framework of the Court shall function a body of assistant-magistrates, in a number and with a structure provided for in the organisation chart approved by the Court's president.

Art. 21.- The distribution per divisions and other compartments of activity of the assistant-magistrates shall be done by the Court's president.

Art. 22. -The prime assistant-magistrate shall be subordinated to the president and vice-president of the Court and shall have the following attributions:

a) to coordinate the activity of the assistant-magistrates in the divisions, the activity of the personnel distributed to the joint Divisions, the Chancery, the Court and the Bureau for foreign relations, according to the duties mentioned in the card of each position;

b) to take part in the sittings of the joint Divisions and to draw up, directly and through the designated personnel, all the documents and the preparatory papers, of development, as well as the subsequent ones, and todraft the decisions assigned to him by the president of the instance;

c) to ensure the cetralisation, whenever necessary, of the statistical data and of other information received from the division, regarding the activity of the Court, and to prepare the synthetical papers ordered by the president of the Court;

d) to carry out and prepare any other papers ordered by the president of the Court in connection with its activity.

Art. 23. -The chief assistant-magistrates from the divisions of the Court shall be hierarchically subordinated to the division presidents, and shall have the following attributions:

a) to participate in the judgment sittings of the division and of the Panel of 9 judges;

b) to schedule the participation of the assistant-magistrates of the division in the judgment sittings, to control and guide their activity;

c) to control and guide the activity of the clerks of the court and of the other officials in the division;

d) to take care of the maintaining in good conditions of the records, and of the carrying out, in time, of all the paperwork;

e) to coordinate the activity of collecting the statistical data referring to the division activity, and of drawing up of the papers requested in connection with these data;

f) to preserve the documentary juridical fund of the division.

These dispositions shall apply, similarly, to the chief assistant-magistrate of the joint Divisions.

Art. 24. -The assistant-magistrates from the Court's divisions shall participate in the judgment sittings and shall carry out any other tasks established hierarchically.

Art. 25. -The assistant-magistrates who participate in the judgment sittings shall also have the following attributions:

a) to draw up the report provided under Art. 6 k), when so ordered by the Court's president, and to read it in the sitting before the parties are given the floor;

b) to prepare the judgment sittings, taking care of the drawing up and posting up, by the archive and the Clerk's Office, of the list of the lawsuits; in drawing up the list, in order of the oldness of the files, the grouping of the cases shall be done in relation to the nature of the ways of attack and by matters, giving priority to the cases with prisoners and to those in whose trial participates the public prosecutor;

c) to follow up the filing, by the archive, of the proofs that the parties have been summoned, and the deeds communicated, of the correspondence, memoranda, written reports and notes, and of any other documents;

d) to verify the regularity of the summoning and of the communications and to ensure the carrying out of all the paperwork ordered by the president;

e) before the entry of the panel judges into the debate room, to ensure the presence of the usher at the door, and the announcement by him of the entry of the instance; after opening of the debates by the president, to announce the cases in the order established according to the list of the lawsuits, to take the call-over of the parties and of the other persons summoned, after which to refer to the way in which the summoning procedure has been carried out, and if all the other measures ordered by the Court have been fulfilled; to refer briefly on the object of the case and the stage reached by the judgment, and, if it is the case, on the name of the judge or of the assistant-magistrate designated as rapporteur;

f) to write down in a numbered and sealed notebook the number of the file, the oral statements of the parties and of the public prosecutor, the measures ordered by the Court, as well as the other aspects deriving from the development of the sitting;

g) to draw up the conclusions of the debates, in accordance with the notes recorded in the notebook;

h) to ensure, for deliberation, the consultation of the necessary normative acts, and to give information regarding the jurisprudence and doctrine under the guidance of the president of the panel of judges;

i) to participate in the deliberation with an advisory vote;

j) to draw up the decisions assigned to them by the president of the panel of judges.

Art. 26. -The files shall be presented to the assistant-magistrate by at least 10 days prior to the day set for the term of judgment, with a view to drawing up the list of the lawsuits to be tried during the sitting in which he is scheduled to participate.

Through the care and under the supervision of the assistant-magistrate there shall be ensured: the transmission of the list containing the lawsuits to the judges of the panel of judges and to the public prosecutor, as soon as it has been drawn up; the posting up of the list containing the lawsuits in the archive, by at least 5 days prior to the term of judgment, and at the door of the debate room by at least one hour before the beginning of the sitting; the completion of the record book by at least 24 hours before the day of the judgment sitting.

Art. 27.- The assistant-magistrate who has taken over the files from the archive for the judgment sitting shall hand back to the archive, under signature, the adjourned files.

Art. 28. -In the judgment sittings, the assistant-magistrates shall wear the black coloured robe.

CHAPTER VIII

The Chancery of the Court

Art. 29.The Chancery of the Court shall consist of prime clerks of the court, clerks of the court, secretary-clerks, procedural agents and ushers, provided for in the organisation chart.

The personnel of the Chancery of the Court shall be distributed to the divisions and other compartments of activity by the Court's president, according to their needs, while within the division, by the division president.

Art. 30. -The personnel distributed to the General Registry of the Court shall have the following attributions:

a) to receive, register and distribute to the joint Divisions, to the Panel of 9 judges, to the divisions and to the other compartments the files, letters and the rest of the correspondence;

b) to dispatch the settled files and correspondence, and to administer the stamps.

Within the framework of this activity, there shall be drawn up and kept:

1. general registers, separate ones, for the registration of files, letters and correspondence;

2. dockets for dispatches by post and books for the delivery by messenger of files, letters and correspondence.

Art. 31.The personnel distributed at the joint Divisions, at the Panel of 9 judges and at each division of the Court shall have the following attributions:

a) to receive and register the incoming files, to keep a record of them, as well as of their circulation;

b) to draw up the rough copies for the summoning of the parties in the lawsuits, to draw up the summonses and to follow up their dispatching;

c) to put the files at the disposal of the parties and of the lawyers for study;

d) to prepare the files for the judgment sittings and to ensure their circulation within the division, as well as their sending to the instances;

e) to draw up the statistics regarding the judgment activity;

f) to carry out the communications necessary for the carrying into effect of the decisions;

g) to draw up and issue, at the request of the parties, authenticated copies of the judgments and of the certificates;

h) to draw up the correspondence in connection with the files of the divisions;

i) to inform the persons coming to the archives on the data requested from the files in which they are directly interested.

Within this activity, there shall be drawn up and kept:

1. the register in which all the files received by the division shall be entered, in the order of their entry, with columns established for this purpose; under the same number, all the applications submitted subsequently or the correspondence in connection with the respective case, shall be registered;

2. the alphabetical register in which the parties in the file shall be entered;

3. the information register, in which shall be mentioned, for each file - entered in numerical order -, the first term of judgment and the subsequent terms, the date when the file was taken out of the archive and the person to whom it was handed over, the date of return of the file to the archive, the number and date of the sentence, decision or conclusion, as the case may be, and the settlement in brief;

4. the register of terms of the archive in which shall be entered all the files, in the order of the terms set for judgment;

5. the book of the judgment sitting, in which shall be entered all the files for the respective sitting, in the order of their entry in the roll of cases, the new term of judgment in case of adjournment of the judgment, the decision delivered and its number, as well as the name of the person who drew it up;

6. the register recording the drawing up of the judgments, in which shall be entered, in numerical order, as the case may be, all the sentences, decisions or interlocutory judgments, and shall be noted the circuit of the file, with a view to drawing up, typing, signing of the judgment, as well as the date of the handing over of the file to the archive;

7. the book recording the handing over and receiving, under signature, of the files, in their circuit.

Art. 32. -All the registers and books shall be numbered and initialled, and at the end of each year, official reports of termination shall be drawn up, signed by the president of the Court, and by the prime assistant-magistrate, in the case of the registers of the joint Divisions, of the Panel 9 judges, of the General Registry, and by the division president and the chief assistant-magistrate, in the case of the registers of the divisions.

Depending on requirements, on the proposal of the prime assistant-magistrate, the president of the Court may approve the keeping also of other registers than those provided in the present chapter.

Art. 33. -The personnel of the General Registry, and that of the archives shall register the files and the applications on the day of their submitting and shall attach to the applications the envelopes in which they have been received.

The correspondence addressed personally or confidentially to the Court's president, the vice-president, the judges and other persons in a leading position shall be handed over with the envelope unopened.

Art. 34. -The files handed over to the archives of the joint Divisions, to the Panel of 9 judges and to the archives of the Court's divisions, shall be presented, without delay, to the Court's president, the vice-president or to the division presidents, as the case may be, for setting the terms of judgment and the taking of other measures, according to the law and the present Regulation.

The measures ordered shall be carried out without delay, by drawing up and dispatching the summonses, on the basis of a preliminary draft, by the communication of documents, the drawing up and dispatching of the correspondence and by drafting other paperwork indicated through resolution or established in advance, such as those referring to the statistical registration of the data of the case.

Art. 35. -On the cover of each file, there shall be mentioned the name of the Court (of the joint Divisions, of the Panel of 9 judges or the competent division), the number given to the file by the Court and other identification data of the case and of the files of other instances, which it includes.

Art. 36. -All the leaves of the file shall be sewn and numbered: after the final settlement, the file shall be laced up and sealed, while on the inner face of the last cover, the number of leaves shall be certified in figures and letters.

Art. 37.- The taking of the files out of the Court's premises shall be forbidden.

Art. 38. -The files shall be put at the disposal of the parties and of journalists accredited to the Court for study, only in the archive, after the identification and taking down of the name and surname of the applicant, by checking the identity papers, procurations or delegations, as well as the integrity of the file on its return.

The programme of access to the archives for the parties, their authorised agents and lawyers shall be approved by the Court's president and posted up in a visible place.

The files shall be kept in the archives in a numerical order or by the terms of judgment.

Art. 39. -The typing of the interlocutory judgment of adjournement of the judgment, as well as of the correspondence shall be done within at most 3 days from the date of the sitting, while the typing of the sentences or decisions, as the case may be, within at most 10 days from the drawing up.

Art. 40. -The files shall be returned to the archives after the drawing up and signing of the interlocutory judgments, sentences or decisions, as the case may be, or after the drawing up of other specific paperwork.

Art. 41.- The settled files, initialled, sealed and with numbered leaves shall be returned to the General Registry by the archives, within at most 3 days, and the Registry shall dispatch the files to the instance they belong to or, as the case may be, to the public prosecutor's office, within at most 48 hours.

Art. 42. -The archives shall preserve one fair copy of the judgments delivered at each division, in special portfolios, in numerical order, by years. In the cases in which the delivery of the judgment was adjourned, the interlocutory judgment in which the debates were recorded shall be attached to the judgment.

Art. 43. -The paperwork and the other duties provided in the present chapter, which are not incumbent on the assistant-magistrate, shall be carried out by the personnel of the division, according to the card of the position.

CHAPTER IX

Studies, Documentation, Informatics, Economic andAdministrative Department

Art. 44. -The Studies, Documentation, Informatics, Economic and Administrative Department shall have in its structure several compartments, shall be staffed with specialised and auxiliary personnel, provided in the organisation chart, and shall be headed by a director.

Art. 45. -Within the Studies, Documentation and Informatics Compartment, headed by a chief assistant-magistrate, there shall be ensured:

a) the accounts of the legislation, jurisprudence and doctrine;

b) the selection and summing up of the Court's decisions, with a view to their publication in the Bulletin ofThe Supreme Court of Justice;

c) the carrying out of studies and the drawing up of reports;

d) the examination, prior to their promulgation, of the laws passed by the two Chambers of the Parliament, with a view to the notification, by the joint Divisions, of the Constitutional Court, in case there are some unconstitutional provisions;

e) the elaboration of the drafts of normative acts regarding the Court's activity;

f) the examination and formulation of remarks and proposals for the draft bills initiated by other public authorities and sent to the Court for this purpose;

g) the carrying out of other paperwork ordered by the Court's president;

h) the operation of the Court's library, the stock of which shall be entered in the specific records and brought to the knowledge of the judges and the other specialised personnel, as new items are being added.

Art. 46. -Within the Economic, Financial and Administrative Compartment, whose activity is coordinated by a deputy director, there shall be ensured:

a) the elaboration of the draft of the organisation chart of the Court;

b) the elaboration, substantiation and execution of the draft budget of the Court;

c) the drawing up of the financial and accounting paperwork provided by the law;

d) the carrying out of the personnel and remuneration paperwork;

e) the administration of the goods from the Court's patrimony;

f) the activity of supply and transport, and the achievement of other administrative services required for the adequate functioning of the Court: current repairs, cleaning, watch, etc.

Art. 47.- The duties of the Studies, Documentation, Informatics, Economic and Administrative Department shall be established in the card of each position.

CHAPTER X

The Bureau for Foreign Relations

Art. 48. -The Bureau for foreign relations, staffed with the personnel provided in the organisation chart of the Court, shall be headed by a chief assistant-magistrate and shall ensure:

a) the carrying out of the paperwork incumbent on the Court within the framework of international relations;

b) the translation, drawing up, and dispatching of the external correspondence;

c) the obtaining of passports and visas for travelling abroad;

d) the organising of the Court's protocol activities;

e) the reception and accompaniment of foreign and domestic delegations within the programme approved by the Court's president;

f) the organising and proper development of relations with the public, radio, television and social organisations;

g) the examination of the letters addresed to the Court, the drawing up and dispatch of the replies in accordance with the findings and the neasures established by the heads of the activity compartments involved;

h) the collaboration with the Studies, Documentation and Informatics Compartment, as well as with the other compartments of the Court, in matters of organising informatics and of developing this activity in cooperation with units and institutions in our country and from abroad.

Art. 49. -The duties of the personnel in the Bureau for foreign relations shall be established by the cards of the positions.

CHAPTER XI

Disciplinary Responsibility

Section I

The disciplinary responsibility of the judgesand assistant-magistrates

Art. 50.The judges and the assistant-magistrates of the Court shall be disciplinarily responsible in accordance with the provisions of the Law No. 92/1992 on judicial organisation and with the provisions of the present Regulation.

Art. 51.- The disciplinary action against the judges shall be exercised by the Court's vice-president, its settlement being incumbent on the Superior Council of the Magistrature, presided over by the Court's president.

The preliminary investigation shall be carried out by the division presidents designated to this end.

Art. 52. -Against the assistant-magistrates, the disciplinary action shall be exercised by the Court's vice-president, with the agreement of the Court's president, and the preliminary investigation shall be carried out by the judges designated for each case in part.

The disciplinary action shall be settled by a disciplinary commission consisting of 5 judges, elected for 4 years by the joint Divisions ofThe Supreme Court of Justice.

The disciplinary commission shall be presided over by the judge with the highest rank in office, and in case of equal positions, by the judge with the greatest seniority at the Court or, in case of equal seniority, by the judge with the greatest seniority in the magistrature.

The Joint Divisions of the Court shall elect 3 substitute members for the disciplinary commission, who shallreplace the titular members in case these are prevented from participating in the proceedings of the commission.

The disciplinary commission shall have as secretary the prime assistant-magistrate.

Against the decisions delivered by the disciplinary commission, the Court's president and the sanctioned assistant-magistrate may appeal within 30 days from the communication of the judgment.

The appeal shall be lodged with the disciplinary commission and shall be judged by the Court in a panel formed of 9 judges.

The decision which settles the appeal shall be final and irrevocable.

Art. 53. -The infractions of discipline, the sanctions that may be applied, the procedure of the preliminary investigation and the debates shall be those provided by the Law No. 92/1992.

Section II

The disciplinary responsibility of the personnel of the Chancery ofthe Court, of the officials of the Studies, Documentation, Informatics,

Economic and Administrative Department, and of the Bureau forforeign relations

Art. 54. -The personnel of the Chancery of the Court, the officials of the Studies, Documentation, Informatics, Economic and Administrative Department and those of the Bureau for foreign relations shall answer disciplinarily in the cases in which they fail to carry out their duties provided by the law and the present Regulation, or when they infringe upon one of the obligations incumbent on them.

Art. 55. -The establishing and sanctioning of the disciplinary infractions committed by the officials provided for in the previous article shall be in the competence of the Court's president.

The sanctioned official may lodge a complaint within 10 days after the communication of the order of the Court's president with a commission of litigations consisting of a division president and 2 chief assistant-magistrates, designated by drawing lots. Thecommission shall have as secretary an assistant-magistrate.

The commission of litigations shall be constituted for each case in part, and after the settlement it shall cease its activity.

For the infringements established, the following disciplinary sanctions may be applied:

a) warning;

b) reduction of the salary and of the management allowance by 10-15 per cent, for a period of at most 3 months;

c) demotion in office or rank, within the framework of the same profession, for a period of at most 3 months;

d) removal from office.

CHAPTER XII

Final Provisions

Art. 56.- The judges of the Court, the assistant-magistrates and the other persons employed at the Court shall be forbidden to divulge the data considered to be professional secrets.

Art. 57.- The conditions for the employment and promotion of the Court's personnel shall be provided in the present Regulation.

Art. 58. -The salary of merit shall be granted to those employees of the Court who distinguished themselves in their activity and who had an exemplary conduct within the framework of the institution.

Art. 59. -The attributions of the personnel of the Court's Chancery, and of the other officials and workers shall be established, in detail, in the card of each position, which shall be drawn up by the head of the compartment, approved by the Court's vice-president and notified to the official under signature.

The cards of positions shall be updated whenever modifications appear in the attributions.

Art. 60. -The annual paid holidays shall be carried out during the judicial recess, that is between July 1 - August 31, under the conditions established by the regulationselaborated according to the law and approved by the Court's Joint Divisions.

Art. 61.- In programming the paid holidays, in the period provided for in Art. 60, shall be ensured the presence of the judges, assistant-magistrates and the rest of the personnel, necessary for the judgment activity of the cases with prisoners in penal matters and, in all the matters, for the cases considered to be urgent according to the law or appreciated as such by the Court.

The president of the Court, together with the division presidents shall establish, beforehand, the number of judges and assistant-magistrates in each division, necessary to form the panels of judges during the judicial recess; their nominal designation shall be done, in case of dispute, by drawing lots.

The personnel necessary for the current activity during the judicial recess, other than the judges and assistant-magistrates, shall be designated by the president of each division, and by the heads of the other work departments of the Court.

Art. 62. -During the month of January of each year, the activity during the previous year of the assistant-magistrates, of the personnel of the Court's Chancery, and of the other officials and workers shall be assessed and marked in accordance with the norms approved by the Court's president.

Art. 63. -The Court's personnel shall be apprinted to vacant posts on the basis of recommendations thoroughly accounted for, or by competitive examination, as the case may be.

Art. 64. -The persons appointed to any office shall be subject to a probation period. If at the end of the probation period, established in each case by the Court's president, the person shall prove adequate, the appointment shall be final from the beginning of the probation period. The finalisation shall be granted on the basis of the marks given by the hierarchical chief. After the expiry of this period, if the person fails to carry out the duties incumbent on him or her, he or she shall be transferred to a vacant post, according to training andcompetence, or the labour agreement shall cease, as the case may be.

Art. 65. -The Court's personnel may be promoted in ranks and professional grades, as well as to higher vacant offices, on the basis of the good results in the activity carried out, and of the proven aptitudes confirmed by the hierarchical chiefs.

Art. 66. -The Court's president may order, from case to case, the promotion to a certain post by competitive examination.

Art. 67.- The provisions of Art. 63-66 shall not apply:

to the judges, whose appointment is made by the President of Romania, on the proposal of the Superior Council of the Magistrature, according to the law;

to the assistant-magistrates who are appointed on the basis of interviews, and of the recommendations of the heads of judicial instances, of the public prosecutor's offices, and who are promoted on the basis of annual marks and of the appreciations of the hierarchical chiefs.

Art. 68. -The present Regulation has been approved by the joint Divisions of the Court in the sitting of 22 December 1998 , and shall come into force on the date of its publication in the Official Gazette of Romania, Part I.

On the same date, shall cease the administration of the Organisation and Functioning Regulation ofThe Supreme Court of Justice, published in the Official Gazette of Romania, Part I, No. 257 of 2 November 1993, with the modifications brought by the Decision No. 1 of 5 July 1995 of the same joint Divisions, published in the Official Gazette of Romania, Part I, No. 157 of 20 July 1995.